Not all trust planning fits within a standard framework. Some situations require specialized trust structures designed to address particular legal, financial, or family needs.
Special Needs Trusts
A special needs trust is designed to benefit an individual with disabilities without jeopardizing eligibility for needs-based public benefits.
Properly structured, these trusts can:
- Supplement—not replace—government benefits
- Preserve eligibility for programs such as Medicaid and SSI
- Provide long-term financial support and stability
Special needs trusts must be drafted with precision. Even small errors can unintentionally disqualify a beneficiary from essential benefits.
Medicaid Asset Protection Trusts
Medicaid asset protection trusts are used as part of long-term care planning.
These trusts involve transferring assets in advance to protect them from being spent down on future care costs.
Key considerations include:
- Timing and look-back rules
- Loss of direct control over transferred assets
- Long-term planning horizons
These trusts are not appropriate for every situation and require realistic planning and informed decision-making.
Business Trusts
In certain circumstances, trusts may be used to hold or manage business interests. This can provide continuity, centralized management, and orderly succession while separating ownership from day-to-day control.
Business trusts require coordination with:
- Operating agreements
- Buy-sell arrangements
- Tax and governance considerations
Specialized trusts are not templates.
They are solutions to defined problems, and they demand careful planning.
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